"Ms. DeLay did not appear"

Christine DeLay

====

In the ARMPAC-related civil suit Teltschik v. Williams & Jensen et. al., plaintiff Corwin Teltschik seeks to extend discovery (.pdf). Here is his reason why:

Ms. DeLay did not appear to be deposed on January 2, 2009

Recall that Mrs. Christine DeLay, wife of disgraced former Congressman Tom DeLay (R-Sugar Land), was subpoenaed for a deposition scheduled for January 2, 2009. Now I'm not a lawyer, so I can't explain how someone simply fails to appear in response to a lawfully issued subpoena.

According to the schedule set by US District Judge Henry Kennedy, discovery was supposed to be complete by Monday, January 5, 2009. Mr. Teltschik requests an extension in order to depose Mrs. DeLay. Of course, there is an outstanding Motion to Quash this subpoena, so that deposition may never occur.

Here is the most puzzling part of the Motion to Extend Discovery:

Certificate of Conference

1. Counsel, L.T. Bradt, has attempted to reach William S. Helfand, Lead Counsel for Defendants, and has been unable to do so. Counsel did confer via e-mail and telephone, several times over the last week, with Charles Jeremiah, also counsel for Defendants. Charles Jeremiah indicates that he does not have the authority to either agree or disagree with this motion and Mr. Helfand, Lead Counsel, is in trial and it is unknown when he will be available for conference. It is unknown whether or not this motion will be opposed.

A week? Now, I have no doubt that Mr. Helfand is an exceedingly busy man with many responsibilities. The reason Mr. Jeremiah is co-counsel for the defendants is probably so that Mr. Jeremiah can act in Mr. Helfand's absence (but maybe not). Mr. Helfand is lead counsel; consequently, it is most likely true that Mr. Jeremiah doesn't have final authority to take a position on this motion. Even though Mr. Bradt hasn't been able to discuss this matter with Mr. Helfand, I'd be quite surprised if Mr. Jeremiah hasn't been in contact with his boss. Why are the lawyers for the defense being so coy? This is almost enough to make me think that defense counsel doesn't want to be cooperative.

===

There were other interesting documents filed with the court this week. I'll get to them some time this weekend.

===

Click on the Teltschik label below for more posts on this case.